Bombay High Court
SHRI. PRABHAKAR RAMCHANDRA PATIL THR. POA.SHRI. AJAY PRABHAKAR PATILversusSHRI. KAMLAKAR RAMCHANDRA PATIL AND ORS
- Decided
- Disposal
- Dismissed
- Bench
- ARIF S DOCTOR
Holding
The court set aside the dismissal order and restored the matter for hearing on its merits.
Summary
The appellant, Mr. Atul Patil, failed to appear before the High Court of Bombay, leading the court to dismiss the matter for non‑prosecution. Subsequently, the appellant's son approached the court, explaining that the appellant's counsel was occupied with another case and requested relief. The court, upon the son's request, recalled its earlier dismissal order. The matter was then restored to the court's file for a hearing on its merits. The court adjourned the case to 14 March 2019 for further proceedings.
Issues considered
- Whether an order of dismissal for non‑prosecution can be recalled and the suit restored on the appellant's request?
Subjects
- civil procedure
- dismissal for non‑prosecution
- restoration of suit
- procedural order
- high court
Judgment
89-ao-307-2018.doc
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.307 OF 2018
WITH
CIVIL APPLICATION NO.402 OF 2018
IN
APPEAL FROM ORDER NO.307 OF 2018
---------------------------------------------------------------------------------------------------
Office Notes, Office
memorandum of Coram,
appearance, Court's Court's or
orders or directions & Judge's orders.
Registrar's orders.
Mr. Atul Patil S/o appellant Prabhakar Patil.
CORAM : K.K. TATED, J.
DATE : 11 MARCH 2019.
P.C. :-
. When the matter called out no one appeared
on behalf of the appellant, dismissed for non
prosecution.
2. Later on son of the appellant mentioned this
matter. He submits that his advocate is held up in
another matter. On his request, earlier order is
recalled. Matter is restored on file for hearing on its
own merits.
3. Stand over to 14.03.2019.
(K.K. TATED, J.)
S.C.Magar Page 1 of 1
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